North Dakota § 61-04-09 Application to beneficial use - Inspection - Perfected water permit

North Dakota Statutes

§ 61-04-09 — Application to beneficial use - Inspection - Perfected water permit

North Dakota § 61-04-09

Title 61Waters

Ch. 61-04Appropriation of Water

This text of North Dakota § 61-04-09 (Application to beneficial use - Inspection - Perfected water permit) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 61-04-09 (2026).

Text

After the permit's beneficial use date, or upon notice from the permitholder that water has
been applied to a beneficial use, the department of water resources shall notify the conditional
water permitholder and inspect the works. The inspection must determine the safety, efficiency,
and actual capacity of the works. If the works are not constructed properly and safely, the
department may require the necessary changes to be made within a reasonable time. Failure to
make the changes within the time prescribed by the department will result in postponement of
the permit's priority date to the date the changes are made to the satisfaction of the department.
Any intervening application submitted before the date the changes are made will have the
benefit of the postponement of priority. When the

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After the permit's beneficial use date, or upon notice from the permitholder that water has
been applied to a beneficial use, the department of water resources shall notify the conditional
water permitholder and inspect the works. The inspection must determine the safety, efficiency,
and actual capacity of the works. If the works are not constructed properly and safely, the
department may require the necessary changes to be made within a reasonable time. Failure to
make the changes within the time prescribed by the department will result in postponement of
the permit's priority date to the date the changes are made to the satisfaction of the department.
Any intervening application submitted before the date the changes are made will have the
benefit of the postponement of priority. When the works are constructed properly and safely and
inspected, the department shall issue the perfected water permit, setting forth the actual
capacity of the works and the limitations or conditions upon the water permit as stated in the
conditional water permit authorized by section 61-04-06.2. All conditions attached to any permit
issued before July 1, 1975, are binding upon the permitholder.